328 Ga. App. 64
Ga. Ct. App.2014Background
- Maternal grandmother seeks visitation with minor A.B.; after evidentiary hearing, trial court grants visitation.
- Father challenges sufficiency of evidence supporting grandparent visitation and contends GAL fees should not be shared.
- Guardian ad litem appointed to represent child’s interests; initial fee order required maternal grandmother to pay $1,500 and father $500.
- Post-hearing, GAL incurred additional fees and requested payment; trial court ordered father to pay 25% of remaining fees.
- Mother died in 2010; father and his family allegedly blocked contact; GAL recommended visitation; court found visitation in child’s best interests under OCGA § 19-7-3 (d).
- Final disposition: sufficient evidence supports visitation; but the portion of GAL fees requiring father to pay is reversed; guardian fees statute allocates sole responsibility to petitioning grandparent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for visitation | Luke supports grandfather visitation finding. | Father argues evidence not clear and convincing. | Evidence sufficient to support best-interests finding. |
| Guardian ad litem fees allocation | Initially he pays; argues statute requires grandparent bears cost. | Parents should not bear remaining GAL fees. | Reversed portion requiring father to pay remaining GAL fees; sole expense lies with petitioning grandparent. |
Key Cases Cited
- Luke v. Luke, 280 Ga. App. 607 (Ga. App. 2006) (standard for reviewing grandparent visitation findings; deference to trial court’s fact-finding; clear and convincing evidence requirement)
- Sheppard v. McCraney, 317 Ga. App. 91 (Ga. App. 2012) (grandparent visitation statute as framework for balancing interests)
- McBride v. Murray, 287 Ga. 99 (Ga. 2010) (waiver-applies when issues not raised in trial court)